CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........Conflict of Interest
10 Cards On This Topic:
  • If DA has prosecuted minor in 602 action, no one from that office may represent minor in 300 action.
  • As juvenile court applied wrong legal standards re motion to disqualify C's atty, reconsideration appropriate.
  • Trial court's conclusion DAs had conflict because they represented 3d parties was wrong as a matter of law and resulting recusal was abuse of discretion.
  • Order disqualifying CLC Unit 1 from representing 4 siblings affirmed given substantial evidence of actual conflict.
  • Attorney may not continue to represent multiple minors among whom there is an actual conflict of interest, and when an actual conflict arises, attorney must be relieved from representation of any of them.
  • Welf. & Inst. Code §317 allows court to appoint independent counsel, incl. private lawyer, to represent Ms in dependency whether or not there is conflict of interest between county counsel and M.
  • County counsel, who initially represented both M and DCS, properly permitted to represent DCS after separate counsel appointed for M.
  • No conflict of interest when county counsel represents county social services in contested dependency proceeding and proceeds in conservatorship instituted against mother.
  • Appointment of DA to represent child in former Civ. Code §232 proceedings should be avoided; exceptions; findings required to appoint DA.
  • Showing required for minor in W&I 300(d) proceedings to be represented by same attorney who represents county.